2. G.R. No.

147043 June 21, 2005

NBI - MICROSOFT CORPORATION & LOTUS DEVELOPMENT CORP., petitioners,
vs.
JUDY C. HWANG, BENITO KEH & YVONNE K. CHUA/BELTRON COMPUTER PHILIPPINES
INC., JONATHAN K. CHUA, EMILY K. CHUA, BENITO T. SANCHEZ, NANCY I. VELASCO,
ALFONSO CHUA, ALBERTO CHUA, SOPHIA ONG, DEANNA CHUA/TAIWAN MACHINERY
DISPLAY & TRADE CENTER, INC., and THE SECRETARY OF JUSTICE, respondents.
CARPIO, J .:
FACTS: Microsoft Corp. and Beltron Computer Phils., Inc. entered into a Licensing
Agreement where Beltron was authorized to reproduce and install no more than one copy of
Microsoft software on each customer system hard disk. Microsoft Corp. terminated the
agreement for non-payment of royalties. Upon learning that Beltron was illegally copying
and selling Microsoft software, Microsoft Corp. secured search warrants leading to the search
of Beltrons premises which resulted in the seizure of counterfeit Microsoft software.

Microsoft filed a complaint for copyright infringement and unfair competition with the
Department of Justice. The DOJ dismissed the complaint on the ground that Beltron had no
intent to defraud the public as the software products seized came from an alleged Microsoft
licensee in Singapore, and that it did not manufacture the seized software products.
ISSUE: Whether or not there was copyright infringement in the case at bar.
HELD: YES. The Supreme Court ruled in favor of Microsoft Corp. and held that copyright
infringement under the Presidential decree 49 (the Old Copyright Law) is not confined to the
unauthorized manufacturing of intellectual works but covers the unauthorized performance
of any of the acts covered by Section 05 of the said Law (i.e., copying, distributing,
multiplying and selling), which acts were done by Beltron to the prejudice and damage of
Microsoft Corp. Moreover, the Supreme Court held that the counterfeit cd-roms bought from
Beltron suffice to support a finding of probable cause for unfair competition under Article
189 (1) of the Revised Penal Code (now repealed by the IP Code) considering that the
packaging of these products could not be distinguished from those of authentic Microsoft
software. Such replication, together with the similarity in the content of the counterfeit cd-
roms, implies an intent to deceive the public.
5. PEARL AND DEAN (copy nyo nalang details ng case title sa unang digest)
FACTS:
Pearl and Dean is a corporation engaged in the manufacture of advertising display units simply referred to as light
boxes.Pearland Dean was able to secure a Certificate of Copyright Registration.Pearland Dean, received reports that
exact copies of its light boxes were installed at SM City and in the fastfood section of SM Cubao. In the light of its
discoveries,Pearland Dean sent a letter dated December 11, 1991 to both SMI enjoining it to cease using the subject
light boxes and to remove the same from SMIs establishments. It also demanded the discontinued use of the
trademark Poster Ads. SMI noted that the registration of the mark Poster Ads was only for stationeries such as
letterheads, envelopes, and the like. Besides, according to SMI, the word Poster Ads is a generic term which
cannot be appropriated as a trademark, and, as such, registration of such mark is invalid.
ISSUE:
Whether or not there was copyright infringement in the case at bar.
HELD: NO. Copyright is a statutory right, subject to the terms and conditions specified in the statute.
Therefore, it can only cover the works falling within the statutory enumeration or description. Since the
copyright was classified under class "O" works, which includes "prints, pictorial illustrations, advertising
copies, labels, tags and box wraps," and does not include the light box itself. A lightbox, even admitted by the
president of petitioner company, was neither a literary nor an artistic work but an engineering or marketing
invention, thus not included under a copyright.
8. G.R. No. 108946 January 28, 1999
FRANCISCO G. JOAQUIN, JR., and BJ PRODUCTIONS, INC., petitioners,
vs.
HONORABLE FRANKLIN DRILON, GABRIEL ZOSA, WILLIAM ESPOSO, FELIPE MEDINA,
JR., and CASEY FRANCISCO, respondents.
MENDOZA, J .:
Facts:
BJ Productions, Inc (BJPI) is a holder of a Certificate of Copyright no. M922 issued on January 28, 1971 of Rhoda and Me
which is a dating show aired from 1970 to 1977. It submitted to the National Library an addendum its certificate of copyright
specifying the shows format and style of presentation. While watching the television, its President, Francisco Joaquin saw on
RPN Channel 9 the episode on Its a Date produced by IXL Productions. He wrote a letter to IXLs president Gabriel Zosa
informing him that BJPI has a copyright of the same format as shown on their Its a Date show in their Rhoda and Me show.
Zosa sought to register IXLs copyright to theirfirst episode of Its a Date to the National Library. Petitioner filed a complaint
in violation of PD No. 49 against the respondent before the RTC of Quezon City. Respondent sought a review of the resolution
from the Asst. City Prosecutor before the Department of Justice.

Sec. of Justice Franklin Drilon directed to move for dismissal of the case against the respondents and denied the petitioners
motion for reconsideration hence this petition before the Supreme Court.

Issue:
Whether or not the format or mechanics of the petitioners television show is entitled to a copyright protection.

Ruling:
NO. The Supreme Court held that the format of a show is not copyrightable as provided by Section 2 of PD no. 49 otherwise
known as the Decree on Intellectual Property which enumerates the classes of work that are covered by the copyright protection.
Similarly, RA 8293, the Intellectual Property Code of the Philippines provides that format or mechanics of a television show is
not included in the list of the protected work by the copyright law of the Philippines. PD 49 enumerates the works subject
to copyright protection which refers to finished works and not on concepts. It does not extend to an idea, procedure, process,
system, method or operation, concept, principles or discovery regardless of the form to which it is described, explained, and
illustrated or embodied in the work.